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INTRODUCTION
Acute Medical Limited is an established Employment Agency formed in 1994.
The Agency was initially known as Grimsby Medical Locums Limited and changed
its name at the end of the year 2000. The agency specializes in the supply
of long-term psychiatric locums.
This Agency deals with NHS hospitals working to standards set out in
the NHS Executive Document “A Code of Practice in HCHS Locum Doctor Appointment
and Employment” EL (97) 48.
This Agency complies with the Data Protection Acts.
This Agency supports the implementation of the European Working Time
Directive and its application to people employed in healthcare settings.
This Agency contracts to its employees that they receive paid holiday
pay.
This Agency supports the concept and implementation of Professional
Revalidation and an ongoing educational process for all doctors.
This agency is monitoring and supports the proposed changes set out
for the planned and forthcoming Employment Agencies Act.
The Agency seeks to promote a long-term relationship with the hospitals
in its area of activity and its contract of business is set out below.
| CONTRACT |
| 1. |
These terms and conditions of business
are deemed to be accepted by the client hospital by virtue of an interview
with a doctor introduced by this Agency or by the engagement of the
introduced doctor by the client hospital. This term includes employment
or use whether under a contract of service or for services under an
agency, licensee, franchise or partnership agreement. |
| 2. |
The client hospital agrees to pay
the hourly charge of the Agency advised at the time of booking. In
long term locum placements changes to the hourly rate may be made
by the Agency from time to time. In the event of such a change a minimum
of four weeks notice will be given. |
| 3. |
The advertised hourly rate that the
employed doctors receive applies to the classical on-call rota. When
a client hospital has an alternative rota system, or that there is
no on-call with the post filled, then a premium is levied, as advised
at the time of booking, which results in an additional payment to
the employed doctor. |
| 4. |
The client hospital agrees that one
of its appropriate officials will verify and sign the doctor’s time
sheet each week. Such verification constitutes acceptance that the
locum doctor has worked satisfactorily the hours indicated on the
time sheet. Failure to sign the time sheet does not alter the client
hospital’s liability to pay for hours worked. |
| 5. |
Traveling, hotel or other expenses
previously agreed by an appropriate official of the Hospital shall
be itemized on the invoice in addition to the charge for hours worked. |
| 6. |
The Agency assumes responsibility
for payment of remuneration, deduction and payment of all statutory
contributions in respect of Earnings Related Insurance and the administration
of Schedule E Income Tax (PAYE), applicable to the doctor as required
by law. |
| 7. |
Doctors engaged by this Employment
Agency under contracts for services are deemed to be under the control
and direction of the Client Hospital from the time the doctor reports
to take up duties and for the duration of the assignment and the Client
Hospital agrees to be responsible for all acts and omissions be they
willful negligent or otherwise as though the doctor was on the payroll
of the Client Hospital and the Client Hospital will in all respects
comply with all statutes, by-laws, codes of practice and legal requirements
to which the Client Hospital is ordinarily subject to in respect of
its own staff, including in particular the provision of adequate Employer’s
and Public liability insurance cover for the doctor during all assignments
but excluding the matters specifically dealt with in the paragraph
immediately above. |
| 8. |
Whilst every effort is made by the
Agency to give satisfaction to the Client Hospital by ensuring reasonable
standards of skill, integrity and reliability from workers and further
to provide them in accordance with the booking detail, no liability
will be accepted by the Employment Agency for any loss, expense, damage
or delay arising from any failure to provide any particular worker
for all or part of the period of booking or from the negligence, dishonesty,
misconduct or lack of skill of the worker provided. |
| 9. |
It is a condition of this contract
that the Client Hospital shall indemnify this Employment Agency against
any costs, claims and liabilities incurred by the Employment Agency
arising out of the assignment. |
| 10. |
The client Hospital undertakes to
supervise the doctor(s) assigned to them sufficiently to ensure reasonable
standards of workmanship but if the services of the worker prove to
be unsatisfactory, the Agency may reduce or cancel the charge for
the time worked by the worker, provided that the worker leaves that
assignment immediately and that notification which must be confirmed
in writing within five days is received. |
| 11. |
Temp To Perm Charges And Introduction Fees. Where a doctor employed
through the agency wishes to take up regular employment with the
client hospital an introduction and administration charge is made,
the rate of which the hospital is notified at the time of booking.
If a doctor introduced to a client hospital takes up or converts
to a regular contract or otherwise interacts with a client hospital
in employment or use whether under a contract of service or for
services under an agency, licensee, franchise or partnership agreement
then this introduction fee will become due. This fee is applicable
if the doctor takes up such service described above within six calendar
months of any placement ending.
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| 12. |
Study Leave Requirements and Charges.
This agency places doctors on the terms that a minimum of 10 days
per year, pro rata, study leave is made available to them. This is
in order to ensure that such doctors have an ongoing education sufficient
to carry on with the duties and responsibilities tasked to them and
that they are in a position to demonstrate ongoing fitness to practice
through the developing process of Revalidation. Such Study Days will
be billed at the regular daily rate for the doctor. Any cost for such
courses and their associated expenses are to be met by agreement between
the employing hospital and doctor. |
| 13. |
Injury sustained at work. This agency
contracts that should a doctor receive injury whilst undertaking the
professional activities with which they are tasked, which is of a
nature and degree that they are unable to work for a period of time
then up to a maximum of two weeks a liability is incurred by the hospital
for 40 hours per week to be billed. For a further four weeks a liability
for 20 hours per week is incurred. Such injury shall only be evidenced
by both the regular administrative process of the hospital being followed
and by the certification by a consultant in occupational health, or
a hospital consultant appropriate to the incapacity. The client hospital
has discretion to nominate the certifying consultant in such a circumstance.
This term specifically does not replace any statutory or civil rights
the injured doctor may have in such circumstances. |
| 14. |
This Agency contracts with its doctors
that they will constructively work with Client Hospitals on issues
of Clinical Governance, Ongoing Professional Education (including
peer reviewed CPD), Clinical Audit and Professional Revalidation.
By accepting a booking through Acute Medical Ltd. the Client Hospital
specifically contracts to enter the agency doctor into its own appraisal
system, and to appraise the doctor upon their performance. |
| 15. |
Public Bank Holiday Days. Duties
tasked to a doctor on such days will be billed at double the usual
hourly rate. |
| 16. |
No variation can be made to these
terms without the written consent of a director of the Employment
Agency. |
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